Protection of Borders or Protection of Women? Recently arrived immigrant women in the UK, violence and immigration policies

Transcription

1 Protection of Borders or Protection of Women? Recently arrived immigrant women in the UK, violence and immigration policies by Kelly Anne Bracewell (B.A. Hons Criminology and Criminal Justice) A thesis submitted in partial fulfilment for the requirements of the degree of MA (by research) at the University of Central Lancashire April

2 Acknowledgements I would like to take this opportunity to thank all those who assisted with the research. It would be impossible to thank all those who have extended their help to me so I would like to make a personal, special thank you to my mum Carole and to Jack. You both provided me with the belief, encouragement and patience I needed to complete my studies. I would also like to apologise to Phyllis for the amount of time and dedication I have given my studies. I am greatly indebted to the University of Central Lancashire for providing me with the opportunity to extend my knowledge and understanding whilst maintaining my curiosity for that previously unfamiliar. 2

3 Contents Page Number Abstract 6 Chapter One: Introduction and Methodology Aims of the Research Methods Methodology Ethics Motivation for the Research Programme of Work Definitions Chapter Two: Background Information and Previous Research: A Literature Review Introduction Violence Against Women Violence Against Women & Human Rights Violence Against Women & Immigration Summary Chapter Three: Recently Arrived Immigrant Spouses, Domestic Violence & Immigration Policy Introduction Definition Profile of the Issue Examination of Policy and Legislation Violence Against Recently Arrived Immigrant Women

4 Summary 80 Chapter Four: Asylum-Seeking Women, Violence and Immigration 85 Policy Introduction Definition Profile of the Issue Examination of Policy and Legislation Detention and Deportation Violence Against Recently Arrived Immigrant Women Summary Chapter Five: Trafficked Women, Violence and Immigration Policy Introduction Definition Profile of the Issue Examination of Policy and Legislation Detention and Deportation Violence Against Recently Arrived Immigrant Women Summary Chapter Six: Conclusion 150 Appendix One 163 References 165 4

5 Violence against women and girls is an obscenity. That is why we are taking action to bring perpetrators to justice and protect and support victims, but also to challenge the attitude that attacks on women and girls are in any way acceptable. A fair and responsible Britain has no place for violence of any sort (Prime Minister Gordon Brown, November 2009, HM Government 2009: 6). 5

6 Abstract The research explores female immigrants experiences of violence and exploitation in the UK. In doing so the focus is on three groups of recently arrived immigrant women: spouses experiencing domestic violence, trafficked women, and asylum seekers. This focus allows an evaluation of current UK immigration legislation and it s impact, if any, on victims of violence. In order to accomplish this a feminist and human rights consciousness is utilised. The research considers men s use of violence and exploitation as a potential form of control to maintain power and keep women subordinate. This is undertaken within the context of state, law and media responses, and the extent to which they reflect men s interests by ignoring abuse or blaming the victim, both of which serve to undermine the human rights of women in general and immigrant women in particular. The research demonstrates recently arrived immigrant women face multiple obstacles to accessing support and protection from the violence of others. These include language barriers, fear of repercussions, fear of authorities or lack of remedies available. The research considers the responses to situations these immigrant women experience. 6

7 Chapter 1 Introduction & Methodology Aims of the research The aim of the research is to establish the main concerns surrounding recently arrived female immigrants experiences of violence and exploitation in the UK. This could be violence and exploitation from an individual, a particular group or from the state. In this instance state violence includes any violence tolerated or encouraged by the state in order to justify, excuse, explain or enforce hierarchies and inequalities (Crawley 2000: 99). Female immigrant groups to be considered are: spouses who have recently entered the UK subject to a two-year probationary period, asylum seekers and trafficked women. Whilst these immigrant women all differ in experience and identity, the research explores interlocking themes that criminalize or ignore such women, meaning they receive little, or no protection from violence. The issue of immigration is relevant due to current moral panics concerning terrorism and crimes by immigrants and asylum seekers (Aas 2007: 284). Instead of concern about problems they face, concern surrounds the risk they pose to British society (Hudson 2000: 183). This perceived threat from subordinated groups has led to a restriction of rights and increased use of detention and deportation. Existing immigration literature places more emphasis on male immigrants, but it is the growing work specifically on female immigrants the research looks to review. Feminist criminologists, such as Bosworth (2008) and Kelly (2000), previously from different arenas, have now extended their interests to emerging issues of immigration. 7

8 Current domestic violence literature relating to immigration tends to surround Asian 1 women, although there are examples of other groups of women who have experienced violence because of their immigration status. Literature on asylumseeking women focuses on women from outside the European Union. In comparison, trafficking literature tends to focus on women from Eastern Europe, despite suggestions victims can be trafficked from anywhere in the world. The research generalises experiences to apply to women from any ethnicity, as violence, policies of immigration and concepts of human rights are not restricted to culture. The research follows the example provided by the 1993 World Conference on Human Rights which considered violence against women as a form of discrimination that seriously inhibits women s ability to enjoy rights and freedoms on a basis of equality with men, identifying those rights and freedoms which are compromised by such violence (Connors 2006: 24). This definition applies to all women rather than those from a particular group or ethnicity. Methods The research reviews existing literature, including academic critique, campaign literature, policy and other documentary material. The research draws upon more established research surrounding violence against women whilst focusing on new emerging areas of enquiry. According to UNICEF, violence against women is one of the most pervasive of human rights violations, denying women and girls equality, security, dignity, self-worth, and their right to enjoy fundamental freedoms (in Terry 2007: 124). Whilst all women can be subject to violence and a lack of 1 Generally women from South Asia who are currently residing in the UK or those with South Asian heritage. 8

9 protection, the specific experiences recently arrived immigrant women face can be considered to affect them disproportionately because of their immigration status. The research performs an analysis of text and examination of literature in relation to recently arrived immigrant women in the UK, violence and immigration policies. While the research has studied and included critiques of the effectiveness of legislation and policy from the viewpoint of its own aims, the critique is drawn from feminism and human rights. The literature highlights cultural and legal difficulties faced by immigrant women subjected to violence and exploitation. Whilst it is important to recognise differences between individuals and groups this can also be used as an excuse to ignore women s victimisation for cultural reasons, meaning experiences can be overlooked. Undertaking a literature review enables the formulation of research themes and development of an appropriate framework for the research. Within the literature selected there is greater emphasis on the review of qualitative data. Quantitative data uses statistics to measure the extent of crime and victimisation whereas qualitative data has a commitment to explanation-by understanding (Jupp 1996: 14). Considering the area of study, a reliance on quantitative data could be thought inappropriate, as it would provide limited insight and fail to acknowledge changes in policy and practice. It is more appropriate to review qualitative research, which provides more detail and sensitivity (Blaxter et al 2006: 64). In addition, due to under-reporting, violence against women is considered as a hidden crime, therefore difficult to measure and produce accurate statistics. Estimates are acknowledged where appropriate as they provide an indication of the minimum number of victims concerned. 9

10 Where necessary methods incorporate content analysis to consider the nature of language used. This is not completed thoroughly as documents can be lengthy. Instead it is a grounded content analysis as a reflexive practice. This means the research is open to what exists but alert to examples, which can provide meaning and insight into experiences of violence and the impact of UK immigration policy (Noaks & Wincup 2004: 127). This method has the advantage of being unobtrusive as documents to be considered are easily accessible and allows further reflection when reviewing the literature. The research also involves a very small amount of live research involving a brief semi-structured interview with Preston Women s Refuge Immigration Advisory Service. Whilst this is too small to generalise from it can be considered as a case study, which demonstrates consistency with findings in the literature review relating to domestic violence. Unfortunately other groups lacked the capacity to assist with the research. Methodology Whilst it is argued tha there is no single feminist theory or methodology (Skinner et al 2005: 10; Heidensohn 1995: 65); theorists such as Oakley (2002) and Renzetti (1997) note that feminist research focuses on gender, patriarchy, male violence and gender inequality (Skinner et al 2005: 10). There is also a concern with representing, or not misrepresenting, those in marginalized or less powerful positions, by enabling experiences to be valued (Skinner et al 2005: 12). Applying a feminist framework to the dissertation encourages a reflective and critical approach to current understandings of immigration and violence against women, which assumes knowledge (Renzetti & Lee 1993: 201-2, Weedon 1997: 9). The research takes the view that understanding 10

11 informs and strengthens action (Evans 1997: 3). Evans (1997) suggests a feminist understanding can disturb and disrupt conventional assumptions in academic work and everyday life (Evans 1997: 3). According to Charlesworth et al (1991), a feminist perspective is capable of highlighting state responsibility and exposing the law as inherently gendered, which serves to reinforce male domination (Crawley 2000: 89). It must be noted that whilst this dissertation broadly uses the term feminism there are many variations of feminist thought (Hopkins Burke 2005: 163). It is recognised there are currently at least six main variants of feminism: Liberal, Radical, Marxist, Socialist, Black and Postmodern feminism (Gelsthorpe 2002: 114; Hopkins Burke 2005: 164). Whilst they do not necessarily always agree there is broad agreement men are the dominant group in society placing women at a disadvantage. The areas most frequently studied are rape and domestic violence (Hopkins Burke 2005:167). It is suggested both remain frequently under-reported despite increased acknowledgement of their prevalence. Feminism suggests this is due to distinctions between public and private spheres. The private sphere is seen as a contributing factor in sustaining women s experience of oppression (Hopkins Burke 2005: 169). Those seen as unable to escape violent situations, such as abuse within marriage, are considered to have a lack of resources (Segal 1996: 194). However there are disagreements as to why men are violent towards women and suggested actions to improve the situation of women. For example liberal feminism considers women s inequality to be caused by social practices, which can be improved with equal rights. Marxist feminism places women s subordination within capitalist exploitation whereas Radical feminism focuses on patriarchy and advocates separatism from men (Hopkins Burke 2005: 164-5). Both black feminism and postmodern feminism 11

12 critique other forms of feminism. Black feminism 2 has accused middle class white feminist perspectives of racism by emphasising the diversity of experiences amongst women; traditionally white feminism argues that gender is more important than issues of race or ethnicity (Hopkins Burke 2005: 165, Mirza 1997: 4). Postmodern feminism 3 celebrates difference and promotes a critical stance towards everything in a bid to deconstruct language and ideas (Walklate 2004: 45-46). Despite disagreements between feminist strands, it is worth noting that all feminist contributions highlight experiences of exploitation and subordination due to gender (Abbott & Wallace 1997: 301). Due to disagreements between feminists the existence of a single exclusive feminist method has been challenged by researchers (Wincup 1999: 112). Feminist research is seen to be a theoretical, empirical, interpretive, critical and engaged process, informed by the goal of ultimately eliminating the oppression of women (McLaughlin & Muncie 2006: 169). It is suggested feminist methods demonstrate a preference for qualitative research to consider issues of power and control (Wincup 1999: 113). Feminism tends to locate violence in societies where masculinity is linked to heterosexual power (Segal 1996: 192-3). This does not mean homosexual relationships are free from violence or that women are not violent towards men. The dissertation incorporates themes of power and control, meaning the methodological approach is more compatible with feminism than other methodologies. Rather than adopt a particular feminist position it is more appropriate and constructive to implement a feminist consciousness, which is a concern with problems faced by 2 Mirza (1997: 4) describes black feminism is a spontaneous yet conscious coalition as a meaningful act of identification. Black feminism addresses issues of gender and race by examination structures of oppression relating to black women (Mirza 1997: 4). 3 Postmodern feminism is seen to allow the celebration of difference, the recognition of otherness, which promotes the legitimation of black feminism (Mirza 1997: 19). 12

13 women (Hudson 2000: 185; Delmar 1994: 12). This follows Bartky s (1990) example who stated feminist consciousness is the consciousness of victimisation which allows the exposure of that previously hidden (in Ward 1995: 19). The dissertation can be considered as theoretically informed although not directly associated with a particular feminist theory. Feminist debate over the last thirty years has surrounded issues such as rape, domestic violence, equality in the work place, and experience of the prison; with little or no attention being paid to women with immigration issues 4. Previously some radical feminists believed immigration was a complication that obstructed the struggle against patriarchy (James 1982: 23; Bhabha & Shutter 1994: 8). Increased feminist debate has led to heightened awareness of inequalities embedded in interlocking systems of race and class (Gill & Sharma 2007: 186). For instance, Terry (2007: 4) states all women encounter discrimination on the grounds of their sex, but there are a lot of other factors, such as class, race, ethnic group, age, caste, sexual orientation and so on, that combine to shape their particular experience. This has led to a shift in focus over the past ten years and there has been greater awareness of the problems female immigrants face (Southall Black Sisters ). The dissertation recognises many men are not violent towards women and that men can be victims of violence and discrimination from other men and women. It is 4 4 As discussed previously, migration research ahs also ignored women in terms of their migration experience. An increase in Black feminist theory has played a significant role in developing critical feminist themes within migration research. Thiara and Gill (2010: 29) argue that previously the experiences of black and minority ethnic women, especially in relation to violence, have been overlooked. Black feminist theory has introduced new ways of understanding subordination and diversity, such as the influence of intersectioality (Thiara & Gill 2010: 29). This in turn has led to growing discussions of women s experience within the UK immigration system. 5 Southall Black Sisters was set up in 1979 to support Asian and African Caribbean women and has helped women facing violence in the home (Gupta 2003: 1). 13

14 further recognised that women are not the only disadvantaged group and that all women are not disadvantaged equally; however as a group women can be considered to be at a greater disadvantage when compared to men as a group (McColgan 2000: 9). For instance, women who work full time earn less than men working full time and are disproportionately more likely to be the victims of violence than the perpetrators (McColgan 2000: 133, 193). This dissertation follows the lead of Amnesty International (1995: 3), which suggests women are united by the violation of fundamental human rights, transcending class, race, culture, religion, nationality etc. Terry (2007: 26) states it is valid to focus on women s human rights violations as they have so often been overlooked in the past, and it can be argued that they still are. The dissertation follows the argument put forward by Hooper (1996: 148) who suggests that women s relative powerlessness in the public worlds of policy and law and the patriarchal norms against which their behaviour is judged all result in a quite different context of options for women leaving violent men from those which face men leaving violent women This has led to further problems for immigrant women and obstacles are seen to have increased over the last decade. It is suggested that institutional and personal violence is embedded within migration (Gill & Sharma 2007: 184; Perpinan 1996: 54). The dissertation follows Hudson s (2007) example and uses human rights as an external critique. It understands Hudson s (2010: 23) argument that everyone, 14

15 everywhere is entitled to those human rights regarded as fundamental, simply because of being human: rights do not depend on citizenship; rights do not have to be deserved or earned. The dissertation utilizes human rights laid out in the European Convention of Human Rights as opposed to more recent human rights legislation. This is a well-established document used beyond UK borders, universal and indivisible to all. Kelly (2008: 55) argues that using a human rights perspective illustrates the ways in which violence against women denies the most fundamental of human rights: life, liberty, bodily integrity freedom of movement and dignity of the person. Using a theoretical human rights framework helps expose inconsistencies and contradictions in discussions about men s violence against women, immigration rules, and exploitation (Renzetti & Lee 1993: 199, Weedon 1997: 5). Human rights perspectives argue that violence against women is not a private issue but a public concern, meaning governments can be held accountable if they condone or ignore acts of violence against women or fail to take sufficient steps to perform human rights obligations (Kelly 2008: 55). Ethics In keeping with the ethics of feminism the methods used ensure women are not directly exploited or harmed by the research. Reviewing literature reduces power imbalances or forms of exploitation between the researcher and researched. Although consent is needed to research powerless groups, in this case it is not needed as the dissertation is based on existing academic work, official research, and media publications in relation to violence against immigrant women. Information may also be provided by women s organisations. Consent is not needed to investigate existing 15

16 literature as the sources to be utilised can be considered as public knowledge. This means that there are no issues of confidentiality, as victims will not be researched. White middle class feminism has been criticised for ignoring difference and diversity and assuming there is a universal category of what it means to be a woman. The research understands women are not a single homogenous group and similar situations can be experienced differently because of the interaction of multiple identities and experiences of exclusion and subordination (Davis 2008: 7). Stanley and Wise (1983) argued that a major responsibility of the researcher was to recognise their own values and position as reality is constructed only through the eyes of that one person (Stanley & Wise 1983: 174). It is argued that speaking for others is a discursive practice (Alcoff 1991: 6). Yet if feminists do not speak on behalf of women less privileged than themselves they are abandoning political responsibility to speak out against oppression (Alcoff 1991: 8). The risks of sometimes speaking for others (i.e. arrogance) are balanced by the need to raise counter-hegemonic positions (Snider 1998: 4), leading feminist research to allow women to speak for themselves. Motivation for the Research Undertaking this research provides an opportunity to develop individual knowledge and academic skills whilst satisfying personal intellectual curiosity. Although themes seem selective and based on personal interest, it can be argued it is an important emerging matter prompted by a perceived injustice. The research is led by a desire to learn something unfamiliar. 16

17 It is not intended for the research to be fixed to particular nationalities, ethnicities, faiths or cultures, as there is no wish to reinforce stereotypes of certain groups but to raise awareness of female immigrants experience of violence and the lack of protection provided. This involves demonstrating how some women are denied protection from violence due to their immigration status. Programme of work Using a feminist and human rights consciousness allows the research to focus on thespecific situations of immigrant women. The aim of the research involves working to the following objectives: Exploring the position of spouses who have recently arrived in the UK, trafficked women, and asylum seekers who have all been subjected to some form of violence by looking at academic literature and policy. Examining and critically evaluating if current immigration legislation in the UK affects victims. In order to review victims situation, the dissertation considers immigrant welfare group and campaign literature, highlighting issues facing vulnerable women. To work to this objective the research considers if women are denied their basic human rights, for example, the right not to suffer torture. This entails examining 17

18 if there is a lack of protection afforded to women who have recently entered the UK. It can be suggested that the research is not objective and my position as a woman makes the outcome impartial. In response, it has been argued that no criminological research takes place in a political and normative vacuum (Hughes in Jupp et al 2000: 235). A feminist framework would claim the woman centred nature of the research requires subjectivity. The dissertation is not free of politics and values as the research can be seen to undoubtedly illustrate personal attitudes and interpretation. The dissertation takes the side of the powerless and so can be considered critical. It may be argued the dissertation could have unintended effects, for example, more women will falsely accuse men of perpetrating violence. In response it can be proposed this suggestion is most likely to come from those benefiting from patriarchy. The research is committed to those who experience violence and a lack of protection by individuals and the state. Definitions Asylum Seeker 6 : Within literature the terms asylum seeker and refugee are often used interchangeably (Gedalof 2007: 83). Following this example, asylum seeker is used to describe asylum seekers and refugees unless stated otherwise, as focus surrounds those recently arrived in the UK who need protection afforded by refugee status. 6 All women discussed in the dissertation can be considered to represent different groups of recently arrived immigrant women as their experiences of violence are structured by their insecure immigration status. In order to address the differences between these groups of women with little confusion, and consider the interaction of gender, immigration status and ethnicity each chapter shall consider a different category. 18

19 Immigration: The term immigration is broadly used to cover issues of recent immigration and asylum. Patriarchy: Patriarchy is defined as the structures, beliefs and practices that maintain male dominance over women (Pickup et al 2001: xiv). Victim: It has been argued that feminist focus on male violence against women casts women as perpetual and passive victims of oppression (Dutton 1995 in Gangoli 2006: 536; Maynard 1990: 274). Whilst the term victim ignores women s resistance and survival strategies, because of diverse power structures in British society the research uses the term victim to acknowledge the effects of victimisation are longlasting and many women suffer as a result of unequal relationships with men (Walklate 2008: 39; Kelly 2008: 54; Evans 1997: 35). Whilst many women survive, victim acknowledges that many other women die from violence suffered. Violence: In the declaration of the Elimination of Violence Against Women, violence is defined as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life (in Perpinan 1996: 55; Terry 2007: 123). Chapters within the dissertation are organised around three themes of violence against recent immigrant women and responses to their situation. Within these categories concepts of human rights are considered. For simplicity of presentation 19

20 each issue shall be considered consecutively, but accept Kelly s (1987) continuum of violence whereby one experience cannot be seen as more serious than another. For example, experiences of trafficking cannot be regarded as worse than experiences of domestic violence or vice versa; as all forms of violence have serious effects, meaning how women react, define and cope with them is different (Kelly 1987: 49). Chapter 2 is a review of the literature. Chapter 3 considers issues of recent immigrant spouses and experiences of violence. Chapter 4 highlights issues facing asylum-seeking women who have been subjected to violence. Chapter 5 discusses the position of women trafficked who have experienced abuse and exploitation. Chapter 6 provides an overall conclusion by considering similarities between the different immigrant groups studied. 20

21 Chapter 2 Background Information and Previous Research: A Literature Review Introduction This chapter evaluates existing literature significant to the research objectives. It provides an outline to literature addressing violence against women in relation to immigration and human rights instruments. Basic themes across the selected literature can be summarized as follows: Due to gender, women are considered to experience greater suffering than men There is a lack of adequate support available for immigrant women wishing to escape violent situations Current UK Government responses to these women are considered severely limited by feminist writers and campaign groups The importance of prioritising women s protection from violence over prioritising protection of UK borders. The chapter represents categories forming the subject of study. Violence against women is considered first, followed by issues of human rights and current approaches to immigration. 21

22 Violence Against Women There is agreement that historically men s violence against women has received little attention (Newburn 2007: 314). Current literature suggests this has been for two reasons. Firstly, violence against women largely occurs in the home and so has mostly been hidden (Walklate 2006 in Newburn 2007: 819). Secondly, literature reveals that women have been marginalized within criminology; often invisible until 1970 s feminist campaigning argued violence against women was being overlooked 7 (Newburn 2007: 305, 314; Dustin & Phillips 2008: 408; Walklate 2008: 40). Despite much campaigning, statistics suggest women continue to experience high levels of violence (Lawson 2005 in Hainsworth 2005: 3; Women s Aid 2008). Campbell (1993) argued this is because male violence provides rewards such as social control, normative approval and masculine identity (Macey 1999: 52). Russell (1989) suggests that within society masculinity is fundamentally constituted through aggression and violence (in Roseneil 1995: 7). For example, aggression is seen to be actively encouraged; often by parents terrified their sons will become wimps. Feminists suggest this promotes the message violence is acceptable. In 1993 the United Nations Conference on Human rights stated that: gender based violence and all forms of sexual harassment and exploitation, including those resulting from cultural prejudice and 7 It was feminist research that began to make violence against women more visible 22

23 international trafficking are incompatible with the dignity and worth of the human person, and must be eliminated (World Conference on Human Rights Declaration, Vienna 1993 in Smith 2010: 664) Skinner et al (2005: 2) suggest that this definition is useful as it links different forms of violence against women together, thus reflecting how gender inequality is maintained. This is questionable as it separates violence, sexual harassment and exploitation. It could apply to men and children as they too can be considered human persons. It is not clear if gender means women nor is it apparent what is meant by cultural prejudice, suggesting the definition could be considered unhelpful. Further, definitions of violence are related to specific times and locations (Hester 2004), meaning focus changes over time. For instance, in the UK domestic violence has always been a feature of women s lives and dominant within discussions and policymaking for over thirty years, yet it is only fairly recently that domestic violence has been increasingly recognised as a fundamental human rights abuse (Skinner et al 2005: 2; Pickup et al 2001: xiii; Kelly 2008: 55; Terry 2007: 24). At present, violence against women and girls (including domestic violence, sexual assault and stalking) is recognised as affecting approximately half of all women from all communities during their lifetime (HM Government 2009: 6; British Crime Survey 2004). This illustrates the need for a more effective definition of violence. It is widely recognised in all literature that high levels of violence against 23

24 women are under-reported, as women remain silent about their experiences 8 (HM Government 2009: 20; Stanko 1987: 122). It is commonly documented that victims remain silent for a variety of reasons, including fear of the abuser, retaliation, lack of support, shame, cultural stigma, failure of protection from institutions, or the victim may not define it as a crime because of their relationship with the abuser (Pickup et al 2001: 77-8). Studies often note women internalise shame and blame themselves (Kelly 2008: 54). Feminist explanation of this is the frequent legitimation of violence against women whereby women are so often perceived as provoking their own demise that even women believe it is their own fault (Edwards 1987: 151-3). Up until recent changes in the law the provocation defence was seen as a sexed excuse for men who kill women as men could argue they were acting in self defence or out of sexual jealousy (Howe 1997: 337). The murderer could be portrayed as a victim, with the dead woman unable to defend herself as she provoked her own demise (Howe 1997: 355, Edwards 1987: 152), allowing some men to literally get away with murder. It is such excuses that allow male violence against women to continue. Although government strategies and action plans acknowledge women s many experiences of violence, they fail to effectively prevent abuse continuing. Feminist research highlights instances of victim-blaming whereby official, judicial and professional responses to violence actually deny, excuse, or justify male violence and allocate blame instead to the female victims (Dobash & Dobash 1979; Edwards 1987; Radford 1987). For example, feminist examination notes domestic violence has been portrayed as less serious because it occurs between two people who know each other (Radford 1987: 140). Such explanations are made to appear natural or 8 This figure could be much higher if all women recognised and disclosed the acts of violence committed against them. 24

25 inevitable, serving to maintain male authority (Radford 1987: 140). As a consequence, feminist literature proposes that violence (rape, murder, domestic violence, sexual assault, stalking, honour crimes, female genital mutilation, trafficking, forced marriage etc) and the fear of violence maintains patriarchy and existing gender inequalities. This prevents women participating as full and equal citizens in British society as women s access to resources and independence are perceived as constrained by male-dominated institutions (Pickup et al 2001: xiii; Kelly 2008: 53). It is said this makes violence and subordination possible and acceptable. Feminist literature agrees that there is a reluctance to interfere out of respect for preserving private life (Hooper 1996: 149). Feminist literature suggests this perpetuates constructions of male authority and female dependence within families, giving men power to treat women as their property (Hooper 1996: 148; Bhabha & Shutter 1994: 259). This theory was first highlighted by feminists in the nineteenth century who saw violence as an extension of practices and laws which sanctioned men s right to keep women under control (Maynard 1990: 101, Weedon 1997: 110). It is worrying that such undertones are seen to be present in the twenty-first century to condone or excuse violence against women. Research into male violence against women has identified both feelings of shame and entitlement, justifications and the intention to establish control (Jefferson in Connell 2002: 94). This suggests power and control can be gendered. The Crown Prosecution Service ( ) claims to recgonise that violence against women is rooted in inequality between men and women and yet it is observed 25

26 violence against women remains unpunished (Radford 1987: 135). An example of this is domestic violence, which is largely considered as male violence against women, widespread but leniently treated (Lees 1986: 165; Cameron & Frazer 1987: 14). A controlled use of force has been widely accepted as part of men s right when dealing with women, leading feminist literature to suggest that violence and aggression are legitimised in numerous ways because men have a commitment to inequality (Connell 2002: 94; Thornton 1989; Lees 1986: 165). There is a constant lack of sanctions against violent men, seen in low levels of prosecution and high attrition rates across offences such as rape, child abuse, sexual assault, domestic violence etc. There is agreement that the failure of state action gives abusers freedom. Peterson (1992) argues the state institutionalises and reproduces legitimatisation of the social hierarchy, meaning women continue to be objects of masculinist social control through direct and indirect violence (Crawley 2000: 92). Therefore the state has a critical role in instigating and perpetuating violence against women through acts of political repression, by condoning patriarchal oppression and failing to protect women from non-state actors (Crawley 2000: 92). In order to address the denial of men s violence, some feminists have incorporated the work of Foucault. Foucault (1980) claimed knowledge and power are integrated in that power creates knowledge and power cannot be exercised without knowledge. This stance has been termed Poststructuralism and rejects the idea of absolute truth and objectivity, arguing knowledge is socially constructed by those with power (Gavey 1989: 462). In British society white middle-class men hold power and are therefore in a position to create and legitimise knowledge surrounding violence, which is accepted as universal and regarded as truth (Evans 26

27 1997: 1, 3; Gavey 1989: 463). For this reason there is consensus knowledge is subjective and gendered as it reflects men s views (Newburn 2007: 306; Evans 1997: 3; Gavey 1989: 463). According to post-structuralist feminists all women are potentially vulnerable to a system of thought that is not always evident (Evans 1997: 17; Terry 2007: 14) as knowledge denies, condones or excuses male violence. Foucault (1987) suggested that ideas about what is normal or real is constructed and should be questioned (in Evans 1997: 81). Therefore violence against women and knowledge surrounding it needs to be questioned. Alternatively, Marxist feminism suggests part of the problem is the stratification of class lines, which exclude many women, (and men) from exercising effective power in British society. Class, and in particular poverty, has been fundamental when separating the deserving from the undeserving, or in the case of immigrants, welcome from unwelcome (Weber & Bowling 2008: 363). Perhaps it is no coincidence that poverty is seen to disproportionately affect women in the UK and the rest of the world. Literature agrees women find it most difficult to seek safety and protection (Terry 2007: 1). Marxist feminism suggests this is because they are excluded from power, as demonstrated by UN statistics - more women are illiterate, have lower earnings, are affected by reproductive health issues and less likely to participate in political processes than men (Smith 2010: 664). Women s exlcusion from public positions of power prevents them being involved in the decision-making process shaping laws and institutions (Fenster 1998: 6). For example, the UK has only had one female Prime Minister and men hold majority of big political jobs meaning the House of Commons remains overwhelmingly white, middle class and male (Lister 1998: 324). 27

28 Feminism also emphasizes male-dominance within the legal system (Evans 1997: 37). A profession dominated by men, it is suggested the patriarchal nature of law makes assumptions about women. For example, what was, possibly still is, assumed appropriate behaviour (by men) could be used in rape cases to define good and bad women. There is agreement this disadvantages some women by defending male violence, for example, she was asking for it, she was dressed provocatively (Evans 1997: 16-17). Feminism asserts that violence against women can be denied with little difficulty because women do not occupy many positions of social power (Evans 1997: 42). Although feminist writings established new recognition of women s experience, they argue that men still form the great majority of academics and ultimately have greater public power meaning knowledge remains gendered (Evans 1997: 46). This has led feminists such as Evans (1997) and Thornton (1989) to critique the academy, arguing under-representation of women academics results in limited access to institutional knowledge for women. This implies that male interests will continue to be prioritised at women s expense. As early as 1869 John Stuart Mill 9 proposed it should be questioned whether women should follow their natural vocation, i.e. their place in the home and family (Fraser 2001: 15). Following this there is little recognition of women s location in society. Feminists view earlier criminology as gendered and describe it as malestream (Walklate 2004: 83, O Brien 1981 in Thornton 1989: 118). It is agreed that it was not until feminism in the 1970 s that criminology s failure to study female offending, ignorance of female victimization (including male violence against women), and over-emphasis of the criminal justice system s impact on male offenders 9 In his essay The subjection of Women 28

29 was highlighted (Newburn 2007: 305). Radical feminists claim women s history has been intentionally ignored as a method of continuing subordination. They propose that women, by their very gender are considered inferior and so naturally excluded from anything equivalent to social or political power (Fraser 2001: 16; Evans 1997: 59). This provides potential explanation as to how and why women have remained in the private sphere. Even now there remains a great criminological focus on male activities. Scraton (1990) argues that there is a still a pervasiveness of hegemonic masculinity found in prevailing academic discourses (Scraton 1990 in Walklate 2004: 82). For example Connell (2002) criticises Hall (2002) for completely ignoring domestic violence and disregarding other forms of violence against women (Connell 2002: 93) 10. There is agreement of a historic and current failure of state agencies to respond appropriately, quickly or pre-emptively to violence against women (Kelly 2008: 53). Law and policy development in the UK is generally considered slow and violence against women is no exception. Literature illustrates that it has taken over thirty years for government and statutory agencies to play direct roles in combating domestic violence, e.g Housing Act, 1997 Protection from Harassment Act. Even with such developments feminist literature asserts that violence against women is still an issue of considerable concern in the UK (Skinner et al 2005: 3; Sen & Kelly 2007: 2). There appears to be an agreed perception that recent immigrant women are denied access to such protection in the UK on the basis they are not British. The issue of sex trafficking has also been on the political agenda since the 1990 s, resulting in a range of recommendations and guidelines (Goodey 2003: 157). It has been noted that, 29

30 despite this, little progress has been made, or as Kelly and Regan (2000:12) note, much talk but limited action. Victims continue to be deported and prosecutions remain low. The Government associates human trafficking primarily with illegal immigration, preventing a victim -centred approach. Research elsewhere highlights that adopting a victim-centred approach can achieve increases in successful prosecutions of traffickers, but there is a reluctance to undertake such actions. Radical feminists suggest that low conviction rates, for all violence against women, indicates the reluctance of a largely male magistracy and judiciary to protect women (Edwards 1987: 152). For example the act of rape, which was first defined as a crime in 1861, only became illegal for a husband to rape his wife in 1991 (Stevenson et al 2004: 31-32; Kennedy 1992: 112, R v R 1AC 599 (199) 4II ER 481, HL). Even today the majority of women never see their attackers punished, instead victims are blamed for their behaviour (McColgan 1996: 12). Feminist literature highlights that when victims cannot be blamed, the fault does not automatically transfer to men. In order to preserve hegemonic masculinity, discursive manoeuvres are used to deflect attention away from a certain problem. For instance, although men generally carry out murders and violence, with victims being mostly female (Cameron & Frazer 1987: 30), language helps distract attention away from the reality violence is gendered (Lees 1986: 165). Feminist theory draws attention to the current term domestic violence 11. Domestic conceals gender dimensions between victim and perpetrator whilst emphasising the private nature of the crime (Lees 1986: 165; Walklate 2004: 127-8). Kelly (1988) argued that definitions are socially constructed (by men) so it is in their interests as a group, and 11 Domestic abuse was termed wife battering in the 1970 s which does imply masculinity as it must be a husband who is harming his wife 30

31 as perpetrators of violence, for definitions to be as limited as possible (Hooper 1996: 148). Keeping violence private prevents men s behaviour being questioned whilst keeping women subordinate. This has led to the feminist argument that violence against women is not a set of randomly vindictive acts, but a social institution, essential to sustaining male power by keeping women in a state of fear and unfreedom (Cameron & Fraser 1987: 32; Kelly 1987: 49). For instance, marriage has been criticised by radical feminism as an institution where one person has power over another - men dominate women; this is hidden by claims that marriage allows equal, consensual sexual enjoyment by both parties despite previously giving men rights to sexual intercourse (Pateman 1988: 154, 159; Abbott & Wallace 1997: 248). Consequently feminists suggest that even interpersonal relationships are marred by threats and certainty of abuse (Kelly 2008: 55; Pickup et al 2001: 2). There is agreement in academic and campaign literature that this is the case for recent immigrant women with limited leave to remain as a spouse. Research surrounding violence against women agrees that fear of crime excludes many women s experiences, focusing on outside crime and fear of strangers (Hanmer & Maynard 1987: 6). This can be described as a discursive manoeuvre, as it is widely acknowledged that violence, such as sexual abuse, is under-reported and more likely to involve someone the victim knows (Hanmer & Maynard 1987: 6). Feminist literature suggests perpetrators are portrayed as a minority of disordered individuals, which helps to prevent violence being recognised as a problem of society (Radford 1987: 136). Radical feminists suggest this produces a false consciousness - an ideology imposed on women by men in order to dominate them as it makes women believe they are safe within the home and 31

32 family (Roseneil 1995: 4). Feminist literature agrees it is here women are most at risk. There is further consensus that male violence against women, inside and outside the home, and the fear it creates, undermines women s position as citizens by affecting their ability to participate in social, economic, and political life (Lister 1997: 113; Pickup et al 2001: 5). The constant fear of violence, as well as experiences of violence itself, is seen to limit women s choices, options and behaviour when considering personal safety. This impacts on all aspects of women s everyday lives, as they are forced to implement precautionary practices as a way of living in a male-dominated world (Stanko 1987: 128, 133). Feminists suggest that fear of violence affects all women since gendered power relations limit freedom by influencing the way women behave; such as ways women dress, hours they keep, and routes they walk (Clarke & Lewis 1977 in Abbott & Wallace 1997: 248). It is widely acknowledged that violence against women is pervasive and widespread, affecting women regardless of class, age, ethnicity, religion or geography (Pickup et al 2001: 2). Feminism suggests that all men benefit from violence because it supports their power and control over women (Hanmer & Maynard 1987: 10). This affects women s freedom, by preventing women gaining more experience and exchanging experiences with others, which may in turn increase knowledge and education and so lead to the questioning of patriarchal power (Fraser 2001: 18). Violence Against Women & Human Rights It is only recently that literature has considered human rights when looking at violence against women. This means there is significantly less knowledge and 32

33 understanding available. However it is agreed that whilst men have human rights violated, women are more vulnerable as their diginity, freedom and equality is more easily harmed. The former UN Secretary General Kofi Annan (1999) stated that violence against women was perhaps the most shameful human rights violation, and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace ( The UN addressed the urgency of tackling human rights violations and discrimination against women in 1968 (Betten & Grief 1998: 15), which raises the question as to why women s rights have not progressed. Merry (2001: 86) suggests that although violence against women was a major issue from the 1970 s, it only emerged as a major focus in the 1990 s 12. There is agreement human rights previously focused on torture, genocide and other extreme forms of abuse (Kaplan 2001: 191). Until recently very few criminologists, including feminist criminologists, have shown an interest in human rights and immigration. Literature agrees that previously 12 Increased awareness of violence against women was underpinned by a number of key changes including: The Prohibition of Female Circumcision Act 1985; rape within marriage became illegal (1991); The United Declaration Nations on the Elimination of all forms of discrimination against women (1992); The Home Affairs Select Committee Enquiry into domestic violence recommended that finding to ensure effective provision of refuge services was the single most important measure the government could take (1994); Amendments to the Family Law Act in 1996 gave more effective civil remedies for protection from violent partners with automatic powers of arrest where violence was used or threatened; The Protection from Harassment Act 1997 created a criminal offence of harassment; In 1998 the British Medical Association published guidance to raise awareness amongst health professionals titled Domestic Violence: A Health Care Issue ; and Women ministers launched the national strategic approach to violence against women Living Without Fear. 33